Friday, June 5, 2015

Land and water law review

file:///C:/Users/Lock/Downloads/SSRN-id959029.pdf

Lock,
Please read, give me your opinion.
Land above or land submerged...I need to speak to land as a totality.
Equal standing for every state when admitted, no matter the finer definition.
Does the equal footing doctrine imply/guarantee/define...equality for all states and does it require the federal relinquishment of lands held in trust?
....then the argument goes to enabling acts....
Each state had one of those too....
But states east of Colorado got their lands returned to them, enabling act aside.
The western states did not, and they argue the enabling act says we volunteered to relinquish our rightful claim.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=959029

Interesting when the Bureau of Reclamation, BLM Statutes are reviewed for limits on powers. Could be under the Department of the Interior [statutes].

See Hage V US for RICO statute being used on USFS and BLM agents that conspired to "TAKE" Hage's land and water rights. $ 14 plus million judgement agains the government granted and upheld under appeal where Judge Jones of Nevada Federal Appeals court referred the BLM and USFS agents over to the Nevada US Attorney for RICO prosecution.

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